91直播

Researchers say children's rights and wellbeing must be placed at the heart of family court proceedings

Children involved in private family law proceedings in England can experience serious harm to their mental and physical health because their voices are too often ignored or dismissed, according to new research led by the University of Manchester in partnership with members and .

The study argues that children are frequently treated as passive participants in family court proceedings, with their accounts of abuse, distress and fear often minimised or interpreted through adult assumptions rather than being given meaningful weight in decisions that affect their lives.

Researchers analysed the experiences of 77 children involved in private family law cases, based on interviews with 45 mothers. Using the concept of "childism" 鈥� prejudice and discrimination that devalues children's perspectives and how to challenge these prejudices 鈥� they found evidence of systemic failures that can leave children feeling unheard and exposed to further harm.

Serious impacts on children's health

The study found children experienced a wide range of psychological, emotional and physical impacts during family law proceedings.

These included anxiety, depression, trauma responses, suicidal thoughts, eating disorders, social withdrawal, disrupted schooling, developmental regression and other health problems.

Researchers found many children who expressed fear or reluctance to have contact with an abusive parent were viewed as unreliable or as having been influenced by their mother. Meanwhile, children who appeared outwardly compliant were often assumed to be safe, even though silence may itself have reflected fear or trauma.

The research also found some children became "aged" by the court process, taking on inappropriate caring responsibilities or feeling responsible for the consequences of court decisions, with some facing threats that their mothers would go to prison if they did not comply.

Children's voices often overlooked

The study identified examples of what researchers describe as "institutional silencing", where children's wishes were reportedly summarised in some cases without professionals speaking to them directly, or where children's views carried little influence over final court decisions.

The researchers argue that children's rights under the United Nations Convention on the Rights of the Child are not consistently reflected in current family court practice and that children's participation is often more symbolic than meaningful.

The study also raises concerns that coercive control can continue after parental separation through the misuse of technology. Some participants described abusive fathers allegedly using access to children's medical information to monitor or intimidate them, which the authors describe as a form of technology-facilitated abuse that requires recognition by both legal and healthcare professionals.

Child-centred support can make a difference

Despite the challenges identified, the research also found examples of good practice.

Trauma-informed counselling, play therapy and healthcare professionals who prioritised children's privacy and wellbeing were all reported to help children recover, build resilience and regain confidence.

The researchers say these examples demonstrate that child-led approaches can improve both children's wellbeing and their ability to participate meaningfully in decisions affecting them.

What the researcher says

"Our findings suggest that children are often the least powerful people in proceedings that determine the course of their lives,鈥� said Dr Elizabeth Dalgarno from The University of Manchester. 鈥淭oo often, their experiences of abuse, fear and trauma are filtered through adult assumptions rather than being heard on their own terms."

She added: "While I welcome the child-focused courts that the government has introduced, the family justice system has an opportunity to move from seeing children as passive recipients of adult decisions to recognising them as active participants. If children's voices are consistently heard, respected and acted upon, family courts will be better protect their safety, wellbeing and long-term health."

Recommendations

The researchers are calling for major reforms to private family law proceedings, including:

• Ensuring children's voices are routinely and meaningfully heard throughout family court proceedings.

• Embedding the principles of the UN Convention on the Rights of the Child more fully into domestic law.

• Reforming family court practice so children's views genuinely influence decisions affecting them.

• Providing specialist training for judges, legal professionals and safeguarding practitioners on children's rights, trauma, coercive control and child sexual abuse.

• Introducing stronger safeguards against technology-facilitated abuse, including the misuse of children's medical information.

• Expanding access to child-centred, trauma-informed interventions such as play therapy and specialist counselling.

The authors conclude that meaningful reform will require not only legislative change but also a cultural shift across the family justice system towards recognising children as equal rights holders whose lived experiences should guide judicial decision-making.

Publication details

The paper was published in the Journal of Social Welfare and Family Law.

This study was supported by a grant from the UK Research and Innovation (UKRI) Participatory Research Fund to Dr Elizabeth Dalgarno, Principal Investigator. The findings remain the responsibility of the research team.

DOI: